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HomeMy WebLinkAbout1972-12-20; Municipal Water District; Resolution 292RESOLUTION NO. 292 .- A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT ORDERING THE ANNEXATION OF CERTAIN TERRITORY DESIGNATED TENAGLIA ANNEXATION TO THE CARLSBAD MUNICIPAL WATER DISTRICT AND IMPROVEMENT DISTRICTS 1 AND 4 OF CARLSBAD MUNICIPAL WATER DISTRICT PURSUANT TO SECTION 56322 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. (TENAGLIA ANNEXATION) THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: 1. The following facts are hereby found and determined to be true: (a) That the Carlsbad Municipal Water District commenced the preliminary proceedings for the annexa- tion of the territory described herein by filing with the Local Agency Formation Commission of the County of San Diego, Resolution No. 271 of the Board of Di- rectors of Carlsbad Municipal Water District, adopted January 5, 1972. (b) The territory described in said Resolution No. 271 is the territory hereinafter described in this Resolution. (c) That all of the owners of the land within the territory proposed to be annexed have given their written consent to such annexation. (d) That the owners of the land proposed to be annexed have agreed to pay to the Secretary of the Carlsbad Municipal Water District all costs of said annexation, including, but not limited to, advertis- ing, engineering and attorney's fees. (e) The Local Agency Formation Commission of San Diego County has approved the proposed annexation by their Resolution 72-10, adopted February 7, 1972 and -1- assigned the distinctive short form designation of Tenaglia Annexation. (f) That the territory to be annexed shall be included in Improvement Districts 1 and 4 of the Carlsbad Municipal Water District. (9) That the territory proposed to be annexed to Carlsbad Municipal Water District will be bene- fited thereby. (h) That Carlsbad Municipal Water District to which the territory is proposed to be annexed will be benefited by said annexation and will not be in- jured thereby. (i) That the proceedings had for the said an- nexation were genuine and sufficient and in all respects complied with the District Reorganization Act of 1965, beginning with Section 56000 of the Government Code of the State of California. 2. The Board of Directors of Carlsbad Municipal Water District does hereby order the annexation of all the territory described in Exhibit "A" attached hereto, subject to the follow- ing terms and conditions: (a) The payment by the owners of the territory to be annexed of all costs of said annexation, including, but not limited to, advertising, engin- eering and attorney's fees. (b) The territory to be annexed shall be in- cluded in Improvement Districts 1 and 4 of the Carlsbad Municipal Water District. 3. This annexation shall become effective immediately upon the adoption of this resolution. This resolution is being adopted pursuant to Section 56322 of the Government Code of the State of California and pursuant to Resolution No. 72-10 of the Local Agency Formation Commission of San Diego County, adopted -2- February 7, 1972, 4. The resolution is being adopted without notice and hearing or without an election pursuant to Section 56322 of the Government Code of the State of California, - 5. The Secretary of the Carlsbad Municipal Water Dis- trict is hereby authorized and directed to: (a) Comply with the provisions of Chapter 8, Division 1 of the Government Code of the State of California, commencing with Section 56450 through 56457, inclusive. (b) Transmit to and file with the County As- sessor of the County of San Diego and the Board of Equalization of the State of California, certified copies of this Resolution and description of the boundaries of the territory so annexed to the Carlsbad Municipal Water District and a map depicting said boundaries all in compliance with Sections 54900, et seq., of the Government Code of the State of California. ADOPTED, SIGNED AND APPROVED this 20th day of December, 1972. q&ubg6i&f FRED W. MAERKLE President of Caiisbad Municipal Water District and of the Board of Directors thereof. ATTEST : W. D. CARMICHAEL Secretary of Carlsbad Municipal Water District and of the Board of Directors thereof. -3- F c STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 1 ss I, W. D. CARMICHAEL, Secretary of the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT, DO HEREBY CERTIFY that the - foregoing Resolution was duly adopted by the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT at a regular meeting of said Board held on the 20th day of December, 1972, and that it was so adopted by the following vote: NOES : ABSENT : AYES : Directors: Carmichael, Engelmann, Kelly, McLeod and Maerkle. Directors: None. Directors : None. W. D. CARMICHAEL Secretary of Carlsbad Municipal Water District and of the Board of Directors thereof. -4- V 3 ,' P TENAGLIA ANNEXATION TO THE CARLSBAD MUNICIPAL WATER DISTRICT All that portion of Lot 3, Section I, Township 12 South, West, according to official plat thereof, in the City of County of San Diego, State of California, lying Westerly * Range 5 Oceanside of the A. T. & s. F. Railroad right of way, more particularly described as follows: * ' Beginning at the intersection of said A. T. S. F, Railroad sight of way with the South line of Said Lot 3 of Section 1, being a poing on the arc of a 1532.69 foot curve concave Northeasterly, a radial to which bears South 47°228123" West; thence along the arc of c- said curve 34.61 feet, through a central angle of l"17'38"; thence . tangent to said curve along said Westerly right of way line, North .c 41°13*S9'' West 521.47 feet to an intersection with the East line of said Lot 3, being the TRUE POIhT OF BEG1"T;:G; thence continuing North 41°13159" West 112.80 feet to the centerline of an 80 foot wide channel being the beginning of a 282.23 foot radius cume concave Southeasterly, a radial to-which bears North 41"13*59" West; thexe Westerly along the arc of said curve 242.42 feet; through a central angle of 49"1-2'51"; thence tangent to said curve South Oo26'5Off East 106.17 feet to the beginning of a tangent 300.00'foot radius curve concave Northwesterly; thence along the arc of said cune 193.80 feet through a central angle of 37"00'46'' to an interscction with the South ltne of said Section 1; thence Easterly along said South line South S9" I--- i' 53*45" East 229.76 feet to the Southcastcrly corner of said Lot 3; thcncc Northerly alons thc Easterly line of said Lot 3, North O"OS'I5" West 417.27 feet to the ?ox:= 'or: BXI:U?;I>:G. .. ~ .,. .\ . , . . . , . .